Under the Constitution, you have the right to be protected from unreasonable searches and seizures from your person. That would cover a stop, a search, or an arrest by the police. Under these circumstance, if you are stopped or if you are arrested, if you’re searched, you have the right to remain silent during the course of all of these events. That right is protected by the Constitution, and you cannot be forced to talk or to incriminate yourself.
You have the right to be free from these searches and seizures such as the arrest or the search, but it’s not something that you’re going to be able to litigate or argue at the roadside. That search is going to be conducted. If the police want to search you, they’re going to search you. At that point, later, with the assistance of an attorney, you may be able to challenge the legality of the search or the legality of your stop or seizure or arrest or whatever happened that followed the initial encounter. However, again, that’s not something you win at the roadside. You win later with the assistance of an attorney.
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